The evening world., 1887-11-14
NO STAY FOR COL. GERHARD.
THE NEW YORK CLUB NOT ENJONED FROM
EXPELLING HIM.
Judge Barrett Decides That the Question II
Primarily Ono of Honor between Gen-
~tlemcn-The Club Tribunal the Proper
Onc-Of the Opinion That Counsel should
He Allowed to Appear for the Defense.

Judge Barrett gave n decision to-day in
Col. Edward Gebhard's suit to enjoin the
New York Club from eXpclling him. The
permanent injunction is denied and the tenn
porary stay dissolved with costs.
In his decision, Judge Barrett says:
The Injunction IL asked upon an inaccurate con-
ception OF the real dispute bctwcen the plaintil and
the club. II Is not u. question OF the character or
propriety of the plaintin's bill. but one OF honor
between gentlemen. The charge, In substance, Is
that the plaintiff having obtained a favorable audit
OF his accounts upon a distinct promise that he
would subsequently, rccast IT. so as to meet
the approval OF the Board, has violated his pledge,
refused either to recast the bill or To restore the
original status, and has retained the money, even
after the Boards yecission OF the audit.
II IL also charged that this reputation Of an hon
orable understanding. was aggravated by evasion
with regard TO the pledge itself and by the recall,
iect addressed by the plaintiff to the president of the
club. Itsurely needs no extended discussion to point
out that the Issue raised by the PLAINTIFFS earnest
denial OF these CHARGES Is an appropriate one TO be
heard by the club Itself under Its constitution and
bylaws.
These are questions Of honor between gentle
to do. Now, surely the board may lawfully say
that 1t considers the conduct OF the plaintin,
the welfare OF tho club. 1t certainly
would be dangerous to the character OF any asso-
Ssr m, OF g Ken soe to have among them n a msmr
earned by dishonorable means, and who retains It
even legally, by discrediting q fellow members
word and repudiating his own.
A Court OF Equity will undoubtedly see to II that
the accused member has a fair hearing and that
the. club proceeds In accordance with the
principles OF natural Justice. What the plaintiff
asks Is that there shall he no hearing at all, aud
that he shall retain his membership untrled, by
mere force Of our Injunction.
II will not do to say that because the original
dispute was with the club itself, the Board OF
Directors 10 Incompetent to try a question OF honor
Nor can the plaintiff disqualify his c%onstitu-
specific proof assalling their impartlaiity. II is this
club tribunal and this alone that he contracted
for upon questions OF CLUB discipline when he
are fully met by the opposing, papers. Further,
the judgment Of the Board Of Directors Is not final.
The question OF y fair hearing can only be solved
when all the proceedings thereon are before us.
particular member OF the Board, and II good and
SUFFICIENT reasons for his challenge are
furnished the member may rstire. Il he
when the Court isasked to reinstate, upon the
claim that the ordinary principles OF natural justice
have been violated: the Jurors provided Tor
be lightly set aside. They are disqualified
only when their setting in Judgment IL under cleal
and convincing facts manlfestly repugnant 70 thos,
inquiry, however Informal.
So Us to the denial Of counsel, the President had
no more authority In this matter than any othel
to raise this point efectually, should have ap.
peared with his counsel before the board at the
time and place appointed for the hearing, and should
then and there have claimed his privilege. He may
still do 30. II II ID denied, the question will theI
be properly up for decision. may say, however,
that my impression favors the plaintiffs con.
tention In this regard, and i should deeply reRret
to learn that the assistance OF counsel had beer
denied to any man struggling against an accuse.
ton involving not only his interests, hut his honor
by a respectable and enlightened body Of American